4.0 based on Local Wisdom.” in Sabty Garden Hotel

The 1st Multi-Discipinary International conference University Of Asahan2019Thema: The Role of Science in Development in the Era of Industrial Revolusion4.0 based on Local Wisdom.” in Sabty Garden Hotel-Kisaran North Sumatra,March 23rd, 2019

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BRIBERY IN ISLAMIC PERSPECTIVE AND IMPLEMENTATION INLIFE (THE STUDY OF SURAH AL-BAQARAH VERSE 188

AND AL-MAIDAH 62)

Sahmiar PulunganSyari'a and Law, UIN North Sumatera, Indonesia

Email: [email protected]

Abstract

The purpose of this study is to explain or describe the "Bribery in the Islamicperspective" and the categories of bribery. To obtain the representative data, thisresearch used literature research method (library reseach) by searching,collecting, reading, and analyzing books that had relevance to research problem.The type of research in writing this paper was qualitative. The results of briberyresearch in the perspective of Islam and its implementation in the life was foundin Surat al-Baqarah verses 188 and al-Maidah 62. The significance of this studyis expected to be developed and practiced both theoretically/ practically is givinghasanah thoughts or insights of Islamic science in general and bribes accordingto Islam in particular especially about bribes according to Islam in the study ofSurah Al-Baqarah Verses 188 and Al-Maidah 62.

Keywords:Brible, Islamic Perspective, Implementation


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A. IntroductionHuman use many ways to survive in this world. It has become a

sunnatullah that humans in life is demanded various needs to survive,whether it is in the form of eating, clothing, or shelter. To obtain such arequirement, religion has forbidden to obtain unequal, wealth is vanity,and vanity is something wrong, and it’s not justified in Islamic law.

One of the forbidden often done in society is bribery. In this verseit is likened to the act of lowering the bucket into the well to obtain water.The drops are not visible to others, especially those that are not near thewell. The bribery reduces its desire to the authorities to decide something,but secretly and with the intention of taking something illegitimately. Donot you eat your treasure among you with vanity and stretch out yourjudgment to the judge, who has the authority to decide, for the purpose ofeating a portion of the property of the people other that by sinning, whenyou have known the bad deeds.

B. MethodIn this study, the researcher used qualitative research method. The

researc used descriptive research. It means that descriptive research isused to explore the phenomena by conducting interview, observation,library studies.

C. Research FindingThe research found that after conducting a study of the verses,

hadiths and the opinions of scholars regarding bribery, the law of briberyis banned and even prohibited. It is applied to the people who acceptsbribes and gives bribes and mediators between the givers and recevers.This is motivated by the fact that bribery can cause damage and tyrannyin society. As a result of this bribery, the playing of the legal playeremerged, the fact that the truth turned out to be wrong and that thewrong one became true. So that people cannot obtain their rightsproperly.


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D. DiscussionThis research shows the position Risywah for rulers as found in

Quran:1. Risywah

In common definition risywah is known as bribery and a personwho gives beribery is called by rasyi, and a person who accepts as calledby murtasyi; and a person who connects between rasyi and murtasyi israisy. Risywah has meaning as everything that is given by someone tosomeone else who has power in a certain position to cancel or obtain aright from an incorrect way. From this understanding it can beunderstood that a form of money or property is given to a person in orderto achieve something desired. It may also be mentioned that a bribery issomething given by a person to a judge or other official in any way.Something given is sometimes a treasure or something beneficial to therecipient so that the bribery's desire can be realized, either by rights orvanity.

2. Law of RisywahIslam is very concerned about the safety of one's property and

anticipate it in order not to change hands unlawfully, as the bribery case isbribed. The changing of such property is not justified because the briberygives up his property in the hope that the recipients of briberies, officialsor judges can obey the bribery's will. Islam explicitly forbids its people totake the way of bribery, both to the rasyi, murtasyi; and a raisy. The thingbehind it is that bribery can spread damage and injustice in society.Because, from a bribery came the game of reversal of the law. The right tobe wrong and the wrong is free so that one can not get his rights properly.

As the source on which the basis is prohibited to bribe and acceptbribes are the Qur'an, al-Hadis and Ijma'.


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And do not consume one another's wealth unjustly or send it [in bribery] to therulers in order that [they might aid] you [to] consume a portion of the wealth ofthe people in sin, while you know [it is unlawful] ( al-Baqarah verse188)

This verse describes that people should not try to seek illegitimatebenefits by bribing magistrates. Another meaning is that when a person isaware that the property, he claims rightfully belongs to someone else, heshould not file a judicial petition either because the other party lacks theevidence to support their case or because by trickery and cunning thepetitioner can usurp that property. A bribery is one of them, becausebribery can lead to the tricking of a law. The above prohibition meansharam, then the bribe is forbidden. Eating the treasure is to get treasurefrom others by not mutual pleasure. One of them felt compelled.

According to Quraish Syihab, the word vanity means everythingthat goes against the provisions of religious values. The Qur'an, in linewith its attitude towards things that are not pure worship. Basically theydo not give details (tafsil). This is to provide opportunities to humans orthe public at large. Its ever changing nature, to adapt to the changes ofsociety as long as it is in line with Islamic values.

The above verse also indicates that judges or rulers' rulings withina broad range of meanings do not negate the unlawful and may nototherwise justify the vanity, but a judge only decides on the basis ofaccurate and accountable evidence. In another verse there is a prohibitionon the acquisition of property in vanity (bribery) ways, in the Qur'ansurah an-Nisa verse 29.

O you who have believed, do not consume one another's wealth unjustly but only[in lawful] business by mutual consent. And do not kill yourselves [or oneanother]. Indeed, Allah is to you ever Merciful (an-Nisa verse 29).

The above verse indicates that surrendering property to a personby means of a false body includes prohibited deeds, in this case meansgiving an opportunity to people to eat food in a vanity, and to eat in a


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vanity means to waste property, while wasting the treasure is unlawful.Thus, accepting bribery is haram.

As well as in dosage engineering, scales, quality and cheats. This isspoken by Allah in Surat al-Muthaffifin verse 83: 1-6.

Woe to those who give less [than due], Who, when they take a measure frompeople, take in full. But if they give by measure or by weight to them, they causeloss. Do they not think that they will be resurrected. For a tremendous Day- TheDay when mankind will stand before the Lord of the worlds (Al-Muthaffifin verse1-6).

3. Something made risywah.Anything that a person gives to a particular person to obtain a

thing in a way that vanity is sometimes in the form of material, such asmoney, goods and sometimes non-material, such as promises, benefitsand so forth, such as:1. A litigant shall hand over some money to a competent judge/ official

deciding his case in order to be freed and the angle of prosecution orsentence.

2. A person apply for an employee to an agency he promises not to receivehis salary for several months, if the head of the agency is willing to liftit and so forth.

4. Various kinds of fees that have to do with the duties of a judge,including:

a. Gift is something given to someone voluntarily not in return for a workor service.

Gift which given to a judge can be divided as followes:


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1) The prize comes from a person who is used to give a gift beforesomeone takes office as a judge, then continue the gift is notforbidden.

2) If the gift comes from a person who never gives a gift other thanafter a person takes office, then it can be distinguished whether theperson gives the prize is a litigant or not. Thus the gift comes from alitigant. which is not forbidden, only the act of giving the gift isworshiped.

b. Ujrah (wages) is money in the service of a workerIf a judge has been appointed as a civil servant and paid by the

state, then according to ijmak and all scholars he is expected to receive thewages / fees given by the person who recives it.c.Rizqu (salary). Salaries that have been regulated by the civil servicesalary regulations or other legitimate rules applicable to judges are notprohibited for receipt, whether it is paid weekly, monthly or at certaintimes.

5. Risywah in LegislationMost countries have laws that prohibit (bribery) by imposing legal

sanctions. Both against the rasyi, murtasyi or raisy. The sanctions are ofcourse different from country to country. In the Criminal Code of Islam,the bribe is not included in the hudud's finger, which is a serious criminaloffense and the form of law has been determined by God and is notincluded in Jarimah qishash and diyat, that is a criminal offense whoselaw is qishash or substitute qishash as specified in Al-quran or hadith, butincluded in the ta'zir finger, which is a criminal act whose law issubmitted to the wisdom of the Judge completely.

6. Implementation In LifeHumans as God's creations have been given a significant role and

function as God's khalifah in the earth. At the same time such a positionhas a logical ground and gives a high regard for its humanitarian status. Itis logical if they are burdened with the trust identified as Allah's trust.Allah will Humilitietes in the world and afterlife when breaking a trust is


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provided place of hell. The implementation of the mandate is also part ofthe legal provisions that deserve to be obeyed and should beimplemented. In view of the laws in Indonesia contained in the CriminalProcedure Code 209,210, 387, 388, 415, 416, 417, 418, 419, 420, 423, 425 and435 on criminal penalties for offenders who misuse their positions andpowers.

One of the most crucial discussions on this topic is rememberingthe word of God written in the Qur'an:

“And if only the people of the cities had believed and feared Allah, We would haveopened upon them blessings from the heaven and the earth; but they denied [themessengers], so We seized them for what they were earning." (Q.S al-A’raf verse96)According to Wahbah Zuhaili the above verse suggests that the people ofa faithful and devout country, Allah Almighty will open sustenance fromheaven and earth and Allah swt gives you easy access, confidence to Allahswt, and accompanied by the ability, diligence, hard work of Allah swt.Provide abundant provision and get the peace of the hereafter. The chanceof obtaining blessings in their own country will give them the greatestopportunity to experience the good life from the material and spiritual aswell. Conversely, if a country's inhabitants are not faithful and devout asthe current realities for employment or other things that human beingshave to pay or in terms of religious bribery, this could be one of the factorscausing the state not to get the country coveted by all people are thecountries that have the blessing, peace and prosperity in the life of societyand state.

E. Conclusion1. The act which contains Riswah element is a reflection of injustice. a

leader does his duty in carrying out the command of Allah in the formof a mandate to the master.


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2. Something made risywah unlimited to material such as money, goods,etc., but it can also be non material such as promises and benefits andso on.

3. Giving, receiving and intermediaries risywah (bribery) law is forbidden.4. A leader should perform his function of duty as an opportunity for

worship facilities, and provide welfare to the community in all. shapeand circumstances required.

BibliographyA-Qur’an dan terjemahannya, Depag RI.AI-Shan’ani. (2004). Subulus Salam, Maktabah Dahlan, Bandung: Juz IVAbdullah bin ABD Muhsin. (2001). Suap Dalam Padangan Islam

(Terjamahan ), Jakarta: Gema Insani PressAbdullah Yusuf Ali. (1993). Qur’an Terjamahan Dan Tafsirnya, Jakarta:

Pustaka firdaus.Fathur Rahman. (1996). Hadis-hadis tentang Peradilan Agama. ( Jakarta:

Bulan Bintang.Ibn Kasir. (1994). Tafsir Al- Qur’an al- ‘azim, Dar al-Turas al-‘Arabi, juz I,

Jamaluddin Muhammad bin Mukrim, Lisanul Arab, Dar al-Shadir,Cet. Xe-Ill, Jilid II.

Kamus Pusat Pembinaan dan Pengembangan Bahasa. (1994). KamusBahasa Indonesia. Balai Pustaka:Jakarta cet. Ke VII

Quraish Syihab. (2002) Tafsir Al-Misbah, Pesan, Kesan dan Keserasihan al-Qur’an, Jakarta: Lentera Hati.

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